ADMINISTRATIVE
CIRCULAR NO. 31-90
TO:
THE
COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL
COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS AND
SHARI’A CIRCUIT COURTS.
SUBJECT: RE GUIDELINES FOR ALLOCATING
THE LEGAL FEES COLLECTED
UNDER RULE
141, AS REVISED, BETWEEN THE GENERAL FUND AND THE JUDICIARY DEVELOPMENT
FUND.
To
implement the
provisions of Section 3, Rule 141 as revised and made effective on
November
2, 1990, to the effect that all increases in the legal fees shall
pertain
to the Judiciary Development Fund as established by law [Presidential
Decree
No. 1949, dated May 18, 1984], the following guidelines for allocating
the legal fees collected under said rule between the General Fund and
the
Judiciary Development Fund are hereby issued.
|
General
Fund |
JDF |
Sec.
4. Clerks of the Court of Appeals and of the Supreme Court. -
[a]
For filing an action, proceeding, appeal by notice or records on appeal
when required, entering appearance of the parties, entering orders of
the
court, filing and docketing all motions, docketing of case on all
proper
dockets, and indexing the same, entering, recording and certification
of
judgment and remanding of records to the lower court, taxing the costs,
administering all necessary oaths or affirmations in the action or
proceeding,
recording the opinion of the court, and issuing all necessary process
in
the action or proceeding not herein otherwise provided for, each action
or special proceeding, four hundred (P400.00) pesos. |
48.00 |
325.00 |
[b]
For the performance of marriage ceremony, including issuance of
certificate
of marriage, two hundred (P200.00) pesos; |
|
200.00 |
[c]
For furnishing transcripts of the record or copies of any record,
judgment,
or entry of which any person is entitled to demand and receive a copy,
for each page, three (P3.00) pesos; |
.20 |
2.80 |
[d]
For each certificate not on process, twenty (P20.00)
pesos; |
1.00 |
19.00 |
[e]
For every search for anything above a year’s standing and reading the
same,
five (P5.00) pesos; |
|
|
[f]
For a commission on all money coming into his hands by these Rules or
order
of the Court and caring for the same, two (2%) percent on all sums not
exceeding four thousand (P4,000.00) pesos and one (1%)
percent upon all sums in excess of four thousand (P4,000.00)
pesos, and one half (.5%) percent on all sums in excess of forty
thousand
(P40,000.00) pesos. |
|
(a)
on all sums not exceeding.P4,000.00 |
1/2% |
1 1/2% |
(b)
on all sums in excess of P4,000.00 but not exceeding………P40,000.00 |
1/4% |
¾% |
(c)
on all sums in excess of………P40,000.00 |
1/8% |
3/8% |
| Sec.
6. Fees of bar candidates.- |
General
Fund |
JDF |
(a)
For Filing the application for admission to the bar whether admitted to
the examination or not, eight hundred (P800.00) pesos
for new applicants, and for repeaters, plus the additional amount of
one
hundred (P100.00) pesos multiplied by the number of
times
the applicant has failed in the bar examinations; |
300.00 |
500.00 |
(b)
For admission to the bar, including oath taking, signing of the roll of
attorneys, the issuance of diploma of admission to the Philippine Bar,
etc. eight hundred (P800.00) pesos; |
350.00 |
450.00 |
| (c) Other Bar Fees. – For the issuance of:chanroblesvirtuallawlibrary |
|
|
1.
Certification of admission to the Philippine Bar
……………….……P20.00 |
5.00 |
15.00 |
2.
Certificate of good standing (local) ………………………….…P20.00 |
|
20.00 |
3.
Certificate of good standing (foreign)…………………………….P50.00 |
|
50.00 |
4.
Verification of membership in the bar
…………………………P10.00 |
1.00 |
9.00 |
5.
Certificate of grades in the bar examination
…………………….P20.00 |
5.00 |
15.00 |
6.
Other certifications of records at the Bar Office, per page
……….…P
5.00 |
1.00 |
4.00 |
7.
A duplicate diploma of admission to the Philippine Bar
….……….P200.00 |
100.00 |
100.00 |
| For
services in connection with return of examination notebooks to
examinees,
a fee of twenty (20.00) pesos shall also be charged. |
|
20.00 |
| Sec.
7. Clerks of Regional Trial Courts.- |
General
Fund |
JDF |
| (a)
For filing an action or a permissive counter-claim or money claim
against
an estate not based on judgment, or of filing with leave of court a
third-party,
fourth-party, etc. complaint, or a complaint in interview, and for all
clerical services in the same, if the total sum claimed, exclusive of
interest,
or the stated value of the property in litigation, is:chanroblesvirtuallawlibrary |
General
Fund |
JDF |
1.
Not more than P20,000.00
…………….P120.00 |
60.00 |
60.00 |
2.
More than P20,000.00 but less than P40,000.00
…………………………150.00 |
80.00 |
70.00 |
3. P40,000.00 or more but less than P60,000.00
…………………………200.00 |
100.00 |
100.00 |
4. P60,000.00 or more but less than P80,000.00
………….……………….250.00 |
100.00 |
150.00 |
5. P80,000.00 or more but less than P100,000.00
……….….400.00 |
100.00 |
300.00 |
6. P100,00.00 or more but less than P150,000.00
…………………………600.00 |
150.00 |
450.00 |
7.
For each P1,000.00 in excess of P150,000.00
……………………5.00 |
2.00 |
3.00 |
| (b)
For filing:chanroblesvirtuallawlibrary |
|
| 1.
Actions where the value of the subject matter cannot be estimated
……………………………400.00 |
200.00 |
200.00 |
| 2.
Special civil actions except judicial foreclosure of mortgage which
shall
be governed by paragraph |
|
|
| (a)
above …………………………..400.00 |
32.00 |
368.00 |
| (b)
judicial foreclosure of mortgage ………………………………… |
32.00 |
amount
in excess |
| 3.
All other actions no involving property ………………………….…400.00 |
32.00 |
368.00 |
| In
a real action, the assessed value of the property, or if there is none,
the estimated value thereof shall be alleged by the claimant and shall
be the basis in computing the fees. |
|
(c)
For filing request for extrajudicial foreclosure of real estate or
chattel
mortgage, if the amount of the indebtedness, or the mortgagee’s claim,
is:
1. Less
than P50,000.00
………………….P200.00
2. P50,000.00
or more but less than P100,000.00 …………………….….300.00
3. P100,000.00
or more but less than P150,000.00 ……………….……..400.00
4. P150,00.00
or more but less than P200,000.00 ………………………..500.00
5. P200,00.00
or more but less than P250,000.00 ………………………..600.00
6. P250,000.00
or more but less than P300,000.00 ……………….….…..700.00
7. P300,000.00
or more but less than P400,000.00 ……………….…….800.00
8. P400,000.00
or more but less than P500,000.00 ……………….………900.00
9. P500,000.00
or more but less than P1,000,000.00 ….1,000.00
10. For
each P1,000.00
in excess of P1,000,000.00.……..5.00 |
ALL
JDF |
| d)
For initiating proceedings for the allowance of wills, granting letters
of administration, appointment of guardians, trustees, and other
special
proceedings, the fees payable shall be collected in accordance with the
value of the property involved in the proceedings, which must be stated
in the application or petition, as follows:chanroblesvirtuallawlibrary |
|
1.
Less than P20,000.00.200.00 |
60.00 |
140.00 |
2. P20,000.00 or more but less than P40,000.00
………………………….400.00 |
160.00 |
240.00 |
3. P40,000.00 or more but less than P60,000.00
…………………………..600.00 |
270.00 |
330.00 |
4. P60,000.00 or more but less than P80,000.00
…………………………..900.00 |
450.00 |
450.00 |
5. P80,000.00 or more but less than P100,000.00
………………….…..1,100.00 |
540.00 |
560.00 |
6. P100,000.00 or more but less than
P150,000.00
…………….…….……1,300.00 |
590.00 |
560.00 |
7.
For each P1,000.00 in excess of P150,000.00
………………….…………5.00 |
1.00 |
4.00 |
| If
the value of the estate, as definitely appraised by the court, is more
than the value declared in the application, the difference of fee shall
be paid; provided, that a certificate from the clerk of court that the
proper fees have been paid shall be required prior to the closure of
the
proceedings. |
|
(e)
For filing petitions for naturalization or other modes of acquisition
of
citizenship, one thousand (P1,000.00) pesos. |
32.00 |
968.00 |
(f)
For filing petitions for adoption, support, annulment of marriage,
legal
separation and other actions or proceedings under the Family Code, one
hundred and fifty (P150.00) pesos. |
32.00 |
118.00 |
| If
the proceedings involve separation of property, an additional fee
corresponding
to the value of the property involved shall be collected, computed in
accordance
with the rates for special proceedings. |
ALL
JDF |
(g)
For all other special proceedings not concerning property, one hundred
and fifty (P150.00) pesos; |
32.00 |
118.00 |
(h)
For the performance of marriage ceremony including issuance of
certificate
of marriage, one hundred (P100.00) pesos; |
|
100.00 |
(i)
For filing an application for commission as notary public, three
hundred
(P300.00) pesos |
32.00 |
268.00 |
(j)
For certified copies of any paper, record, decree, judgment or entry
thereof
for each page, three (P3.00) pesos and ten (P10.00)
pesos for certification; |
.40 |
2.60
10.00 |
(k)
For a commission on all money coming into his hands by law, rule, order
or writ of court and caring for the same, one (1%) percentum on all
sums
not exceeding forty thousand (P40,000.00) pesos, and
one
half (.5%) percentum on all sums in excess of forty thousand (P40,000.00)
pesos. |
|
(a)
on all sums not exceeding ……………………P40,000.00 |
1/2% |
1/2% |
| (b)
on all sums exceeding ……………….…..40,000.00 |
1/4% |
1/4% |
For
any other services as clerk not provided in this section, one hundred (P100.00)
pesos shall be collected. |
|
100.00 |
| Sec.
8. Judges of Metropolitan and Municipal Trial Courts.- |
General
Fund |
JDF |
| (a)
For each civil action or proceeding where the value of the subject
matter
involved or the amount of the demand, exclusive of interest and costs,
is:chanroblesvirtuallawlibrary |
|
1.
Less than P5,000 …….P80.00 |
40.00 |
40.00 |
2. P5,000.00 or more but less than P10,000
………………..100.00 |
50.00 |
50.00 |
3. P10,000 or more but not exceeding
P20,000
…………..120.00 |
50.00 |
70.00 |
4.
For each proceeding including allowance of will, probate, settlement of
estate of small value, one hundred and fifty (P150.00)
pesos; |
|
150.00 |
5.
For forcible entry and illegal detainer cases, one hundred (P100.00)
pesos; |
10.00 |
90.00 |
6.
For appeals in all actions or proceedings, including forcible entry and
detainer cases, taken from the Metropolitan and Municipal Trial Courts,
one hundred fifty (P150.00) pesos; |
|
| (a)
Appeals in forcible entry |
20.00 |
130.00 |
| (b)
Appeals in other actions or proceedings |
|
150.00 |
(b)
For the performance of marriage ceremony, including issuance of
certificate
of marriage, fifty (P50.00) pesos |
2.00 |
48.00 |
(c)
For taking affidavit, ten (P10.00) pesos |
1.00 |
9.00 |
(d)
For taking acknowledgment, twenty (P20.00) pesos; |
1.50 |
18.50 |
(e)
For writing and certifying depositions, including oath, per page, five
(P5.00) pesos; |
.40 |
4.60 |
(f)
For certified copies of any record per page, five (P5.00)
pesos; |
.40 |
4.60 |
(g)
For stamping and registering book as required by article nineteen and
thirty-six
of the Code of Commerce, each book, twenty (P20.00)
pesos |
2.00 |
18.00 |
| (h)
For performing notarial acts for which fees are not specifically fixed
in this section, the same fees which notaries public are entitled to
receive. |
|
| The
foregoing fee bill, in English and Filipino, shall be posted in a
conspicuous
place in the office of every Metropolitan and Municipal Trial
Court. |
| Sec.
9. Sheriffs, and other persons serving processes.- |
(a)
For serving summons and copy of complaint, for each defendant, fifty (P50.00)
pesos; |
4.00 |
46.00 |
(b)
For serving subpoenas in civil action or proceeding, for each witness
to
be served, twenty (P20.00) pesos; |
.40 |
19.60 |
(c)
For executing a writ of attachment against the property of defendant,
fifty
(P50.00) pesos; |
4.00 |
46.00 |
(d)
For serving a temporary restraining order, or writ of injunction,
preliminary
or final, of any court, fifty (P50.00) pesos; |
|
50.00 |
(e)
For executing a writ of replevin, fifty (P50.00) pesos; |
|
50.00 |
(f)
For filing bonds or other instruments of indemnity or security in
provisional
remedies, for each bond, twenty (P20.00) pesos; |
1.00 |
19.00 |
(g)
For executing a writ or process to place a party in possession of real
estate, on hundred (P100.00) pesos |
4.00 |
96.00 |
(h)
For advertising a sale, besides cost of publication, fifty (P50.00)
pesos; |
2.00 |
48.00 |
(i)
For taking inventory of goods levied upon when the inventory is ordered
by the court, one hundred (P100.00) pesos per day of
actual
inventory work |
|
100.00 |
(j)
For levying on execution on personal or real property, fifty (P50.00)
pesos; |
4.00 |
46.00 |
(k)
For issuing a notice of garnishment, for each notice, twenty (P20.00)
pesos; |
|
20.00 |
| (l)
For money collected by him by order, execution, attachment, or any
other
process, judicial or extrajudicial, the following sums, to wit:chanroblesvirtuallawlibrary |
|
1.
On the first four thousand (P4,000.00) pesos, four
(4%)
percentum. |
2.
On all sums in excess of four thousand (P4,000.00)
pesos
two (2%) percentum. |
(a)
on the first ……………………P4,000.00 |
1% |
3% |
| (b)
on all sums in excess of ………………………..4,000.00 |
1/2% |
1 1/2% |
In addition to
the fees
hereinabove fixed, the party requesting the process of any court,
preliminary,
incidental, or final, shall pay the Sheriff’s expenses in serving or
executing
the process, or safeguarding the property levied upon, attached or
seized,
including kilometrage for each kilometer of travel, guards’ fees,
warehousing
and similar charges, in an amount estimated by the Sheriff, subject to
the approval of the court. Upon approval of said estimated expenses,
the
interested party shall deposit such amount with the clerk of court and ex
officio Sheriff, who shall disburse the same to the
deputy Sheriff
assigned to effect the process, subject to liquidation within the same
period for rendering a return on the process. Any unspent amount shall
be refunded to the party making the deposit. A full report shall be
submitted
by the deputy Sheriff assigned with his return and the Sheriff’s
expenses
shall be taxed as costs against the judgment debtor.
Sec.
10. Stenographers. – Stenographers shall give certified
transcript
of notes taken by them to every person requesting same upon payment of
(a) five (P5.00) pesos for each page of not less than
two hundred and fifty words before the appeal is taken and (b) three (P3.00)
pesos for the same page, after the filing of the appeal: Provided,
however,
That one-half of the total charges shall be paid to the court and the
other
half to the stenographer concerned. |
1.90
1.20 |
|
|
Sec. 11. Notaries.
– No notary public shall charge or receive for any service rendered by
him, any fee, remuneration or compensation in excess of those expressly
prescribed in the following schedule:
(a)
For protests
of drafts, bills of exchange, or promissory notes for non-acceptance or
non-payment, and for notice thereof, thirty P30.00
pesos; |
(b)
For the registration
of such protest and filing or safekeeping of same, thirty (P30.00)
pesos; |
(c)
For authenticating
powers of attorney, thirty (P30.00) pesos; |
(d)
For sworn statement
concerning correctness of any account or other document, thirty (P30.00)
pesos; |
(e)
For each oath
or affirmation, thirty (P30.00) pesos; |
(f)
For receiving
evidence of indebtedness to be sent outside, thirty (P30.00)
pesos; |
(g)
For issuing
a certified copy of all part of his notarial register or notarial
records,
for each page, thirty (P30.00) pesos; |
(h)
For taking
depositions, for each page, thirty (P30.00) pesos |
(i)
For acknowledging
other documents not enumerated in this section, thirty (P30.00)
pesos; |
Pursuant to
Section
5 of Presidential Decree No. 1949 which, in its Section 1, established
the Judiciary Development Fund, the Supreme Court hereby reiterates the
following implementing rules and regulations, as provided in Circular
No.
5 dated February 21, 1985.
1. Establishment
of the Fund.- The Judiciary Development Fund, hereinafter referred
to as the Fund, is intended to benefit the members and
personnel
of the Judiciary to further ensure and guarantee the independence of
the
Judiciary as mandated by the Constitution. The Fund shall be
derived
from, among others, the increase in the legal fees prescribed in the
amendments
to Rule 141 of the Rules of Court which became effective on October 1,
1984. The Fund shall be used to augment the allowances of the
members
and personnel of the Judiciary and to finance the acquisition,
maintenance
and repair of office equipment and facilities. At least eighty percent
(80%) of the Fund shall be used for cost of living allowances,
and
not more than twenty percent (20%) of the said Fund shall be
used
for office equipment and facilities of the Court located where the
legal
fees are collected. The aforesaid allowances of the members and
personnel
of the Judiciary shall be distributed in proportion to their basic
salaries,
with bigger allowances being granted to those receiving a basic salary
of less than P1,000.00 a month. [Section 1,
Presidential
Decree No. 1949].
2. Administration
of the Fund. – The Chief Justice of the Supreme Court shall
administer
and allocate the Fund and shall have the sole exclusive power
and
duty to approve and authorize disbursement and expenditures of the Fund
in accordance with Presidential Decree No. 1949 and its implementing
rules
and regulations. [Section 2, Presidential Decree No. 1949].
3. Duty
of the
Clerks of Court, Officers-in-Charge or Accountable Officers. – The
Clerks of Court, Officers-in-Charge of the Office of the Clerk of
Court,
or their accountable duly authorized representatives designated by them
in writing, who must be accountable officers, shall receive the
Judiciary
Development Fund collections, issue the proper receipt therefor,
maintain
a separate cash book properly marked CASH BOOK FOR JUDICIARY
DEVELOPMENT
FUND, deposit such collections in the manner herein prescribed, and
render
the proper Monthly Report of Collection for said Fund.
4. Depository
Bank for the Fund. – The amounts accruing to the Fund
shall
be deposited for the account of the Judiciary Development Fund, Supreme
Court, Manila by the Clerks of Court, Officers-in-Charge, of the Office
of the Clerk of Court in an authorized government depository bank or
private
bank owned or controlled by the Government to be specified by the Chief
Justice. The income or interest earned shall likewise form part of the Fund.
For this purpose, the depository bank for the Fund shall
be the Philippine National Bank (PNB), or any private bank owned or
controlled
by the government upon authority of the Chief Justice.
5. Systems
and
Procedure.-
a. In
the Supreme
Court.- The Collecting & Disbursing Officer of the Supreme
Court
shall, unless otherwise authorized by the Chief Justice, deposit daily
all collections accruing to the Fund with the PNB, Main Office
"For
the account of the Judiciary Development Fund, Supreme Court, Manila –
SAVINGS ACCOUNT NO. 068-503174-4."
b. In
the CA,
B and CTA. – The respective collecting officers in these courts
shall
deposit daily their collections accruing to the Fund in the
aforementioned
SAVINGS ACCOUNT with the PNB for the account of the JUDICIARY
DEVELOPMENT
FUND, Supreme Court, Manila, furnishing the Chief Accountant of the
Supreme
Court the notice of such deposits made.
c. In
the RTC,
MetTC, MTCC, MTC and MCTC. – The daily collections for the Fund in
these courts shall be deposited everyday with the local or nearest PNB
branch "For the account of the Judiciary Development Fund, Supreme
Court,
Manila – SAVINGS ACCOUNT NO. 068-503174-4"; or if depositing daily is
not
possible, deposits for the Fund shall be every second and third
Fridays and at the end of every month: Provided, however, That
whenever
collections for the Fund reach P500.00, the
same
shall be deposited immediately even before the days above-indicated.cralaw:red Where there is
no PNB
branch at the station of the judge concerned, the collections shall be
sent by postal money order payable to the Chief Accountant of the
Supreme
Court, at the latest before 3:00 P.M. of that particular week.
A separate
set of
official receipts shall be used for the collections for the Fund.
For payment of the legal fees under the old rate which would pertain to
the General Fund by party-litigants in the MetTC, MTCC, MTC and MCTC,
the
Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court
or their duly authorized representatives shall issue "Acceptance Order
of Payment" to the City Municipal Treasurer concerned. Such
party-litigants
shall be instructed to present to the Clerk of Court, Officer-in-Charge
of the Office of the Clerk of Court or their duly authorized
representative
the official receipt thereby issued by the Treasurer together with a
copy
of the Acceptance Order for Payment, for notation and for the
collecting
officer to determine the corresponding amount to be collected for the
Judiciary
Development Fund. The official receipt issued for the Fund
shall
invariably indicate the prefix initial of the name of the Fund,
"JDF", followed immediately by the description of the kind and nature
of
the collection.
Official
receipts
for the Fund shall be provided by the Supreme Court. Should
official
receipts be not immediately available the official receipts which were
previously requisitioned and issued may be used provided that they are
properly marked "JUDICIARY DEVELOPMENT FUND".
Until
official cash
books are available, the ordinary Record Book (7"x12") may be used for
the purpose, provided that the same shall be marked "CASH BOOK FOR
JUDICIARY
DEVELOPMENT FUND."
d.
Rendition
of Monthly Report. – Separate "Monthly Report of Collections"
shall
be regularly prepared for the Judiciary Development Fund, which shall
be
submitted to the Chief Accountant of the Supreme Court within ten (10)
days after the end of every month, together with the duplicate of the
official
receipts issued during such month covered and validated copy of the
Deposit
Slips.The aggregate
total
of the Deposit Slips for any particular month should always equal to,
and
any particular month should always equal to, and tally with, the total
collections for that month as reflected in the Monthly Report of
Collections.
If no
collection
is made during any month, notice to that effect should be submitted to
the Chief Accountant of the Supreme Court by way of a formal letter
within
ten (10) days after the end of every month.
e. Reimbursement
of Expenses. – All ordinary and reasonable expenses incurred for
the
remittance of collections and transmittal of reports for the Judiciary
Development Fund shall be reimbursed by the Supreme Court upon
submission
of the duly accomplished voucher together with the necessary receipts
and
other supporting papers required in audit direct to the Chief of the
Fiscal
Management and Budget Office of the Supreme Court.In no case
shall expenses
incurred for the Judiciary Development Fund be deducted from the
collections
which should be remitted in full.
All reports
and correspondence
relative to collections and deposits of Judiciary Development Fund
shall
be addressed to:chanroblesvirtuallawlibrary
THE CHIEF
ACCOUNTANT
SUPREME COURT
OF
THE PHILIPPINES
MANILA
f. Account
Examination
for Internal Control. – To safeguard and control the Fund,
examination
of the records of the Clerks of Court, Officers-in-Charge, or
accountable
officers shall be conducted by the staff and personnel of the Supreme
Court
whenever circumstances warrant.6. Disposition
of the Fund shall be only upon prior authority of the Chief
Justice.
7. Strict
observance
of these rules and regulations is hereby enjoined. The Clerks of Court,
Officers-in-Charge shall exercise close supervision over their
respective
duly authorized representatives to ensure strict compliance herewith
and
shall be held administratively accountable foe failure to do so.
Failure
to comply with any of these rules and regulations shall mean the
withholding
of the salaries and allowances of those concerned until compliance
thereof
is duly effected, pursuant to Section 122 of PD No. 1445 dated June 11,
1978, without prejudice to such further disciplinary action the Court
may
take against them.
Issued this
15th
day of October nineteen hundred and ninety.
[Sgd.]
MARCELO
B. FERNANChief
Justice |
